#MiddleburyCT #FOIA
The Connecticut Freedom of Information Commission’s Director of Education and Communications, Russell Blair, presented FOIA 101 to the clerks of Middlebury’s boards and commissions and others interested in learning more about FOIA (foy-yah), the Connecticut Freedom of Information Act, which dates to October 1, 1975. We share here the points Blair made that seem most helpful to citizens following board and commission actions.
Blair said the basics of the Act are to grant public access to meetings and records of public agencies. However, while the act gives the public the right to attend meetings, it does not give the public the right to participate in those meetings. And although public comments must be allowed at public hearings, the length of time each person may speak is up to the public agency. When citizens believe agencies are not following the law, they can file a complaint with the Commission, and it will settle the dispute.
Meeting agendas need to “fairly apprise the public on what will be discussed.” Meetings are when a quorum, whether in person or by means of electronic equipment (email and Zoom are two examples), discuss or act on a matter over which a public agency has supervision, control, jurisdiction or advisory power. Before a meeting, the agenda and scheduling can be discussed in person or electronically, but debate over the issues on the agenda should be saved for the public meeting. Attendees are free to photograph, record or broadcast public meetings.
In Middlebury, there are two ways to find notices of meetings, All notices are posted at Town Hall, both in the hall outside the town clerk’s office and in weather-resistant cases outside town hall (so they are available 24/7). They also are posted on the town’s website, Middlebury-ct.org, under each respective board or commission.
The three types of meetings are regular, special and emergency, and the main differences among them are the notice requirements, whether agenda items may or may not be added during the meeting, and when the minutes must be filed. Regular meetings are those on the schedule posted with the town clerk each year. Notice is required at least 24 hours in advance, items can be added to the agenda and the minutes must be filed within seven calendar days.
Special meetings are any meetings not on the schedule filed with the town clerk. Notice of special meetings must be given at least 24 hours in advance and also must be posted on the town website. Additional items cannot be added to the agenda during a special meeting. Minutes must be filed within seven business days.
Emergency meetings must only be called if there is a bona fide emergency that cannot wait 24 hours. No notice or agenda is required, only emergency matters may be discussed, and the minutes must be filed within 72 hours, be posted online, and state the reason for the emergency.
Electronic or remote meetings require 48-hour notice for regular meetings with the agenda at least 24 hours in advance and 24-hour notice with an agenda for special meetings. Online-only regular meetings must be recorded and posted on the website within seven days and available for at least 45 days. Minutes must still be submitted.
Meeting participants can be kicked out if they are being disruptive. This applies to both in-person and electronic meetings.
During a meeting a vote can be taken to go into executive session even if it is not listed on the agenda. These sessions can be used only for specific reasons: personnel matters (unless the person being discussed requests an open session), pending claims or litigation, security, sale or lease of property and discussion of records exempt from the FOIA.
More detail than the listed reasons should be given, e.g., instead of “personnel matters,” one might say “to discuss the performance of a police officer.” A vote cannot be taken during the executive session; votes are taken after the executive session when the public meeting resumes.
Not all meetings are meetings. Exemptions to the FOIA meeting requirements include chance/social meetings and caucuses.
Finally, you have a right to inspect records maintained or kept on file by any public agency during regular business hours, copy such records and receive a copy of those records. There is no charge for inspecting records. However, the public cannot require a public agency to conduct research or produce documents that don’t exist. You may be charged 25 or 50 cents a page (depending on the agency) and charged for digital storage such as a USB drive or DVD and $20 per session for using a portable scanner (not cellphone). There is no charge for copies of electronic records.
